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  1. #1
    Join Date
    Mar 2008
    Location
    Auckland
    Posts
    122

    Default Mediators order for eviction

    My tenant is behind in the rent, so have issued 10 day notice, been to TT had mediation and been granted a mediators order for eviction if she revokes on a single repayment including the arrears.

    However rent is to be paid by Thursdays, showing in my account Fridays. Mediator said to allow two more working days for money to show up in my account. So rent can show at latest the following Tuesday, if missed, I can enforce the order enforcing eviction in 48hrs.

    When the mediator said two extra days for money to show, I thought that was the law as is the 48hrs for eviction.

    As result the tenant in effect is now allowed until the following Tuesday to pay rent which doesn't show in my account until Wednesday. Of course she is going to take advantage of the extra two days, every week. She has already done this after telling the mediator rent will be paid last Friday.

    Is there any way I can rectify this situation

  2. #2
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,756

    Default

    Quote Originally Posted by hele27 View Post
    ............Is there any way I can rectify this situation
    If the timing allows.

    • Issue a 60 day notice for a rent increase.
    • Issue a 90 day notice for termination.
    • Stick strictly to the terms of the Mediated order and commense proceedings to evict when she misses again.

  3. #3
    Join Date
    Nov 2008
    Location
    Karratha WA
    Posts
    1,444

    Default

    What a great reply Keys. We all need to be reminded to keep it simple when we get overwhelmed by detail.

  4. #4
    Join Date
    Mar 2008
    Location
    Auckland
    Posts
    122

    Default

    She is on a fixed term until June 2010 so cannot issue a 90 day termination and the rent that she is on the higher side of the market value for that area.

  5. #5
    Join Date
    Apr 2006
    Posts
    4,018

    Default

    You should be chasing the PM who put this tenant in the property for you.

    She was sititng outside my office a few minutes ago.

  6. #6
    Join Date
    Jun 2005
    Location
    Nelson NZ
    Posts
    3,863

    Default

    Quote Originally Posted by hele27 View Post
    My tenant is behind in the rent, so have issued 10 day notice, been to TT had mediation and been granted a mediators order for eviction if she revokes on a single repayment including the arrears.

    However rent is to be paid by Thursdays, showing in my account Fridays. Mediator said to allow two more working days for money to show up in my account. So rent can show at latest the following Tuesday, if missed, I can enforce the order enforcing eviction in 48hrs.

    When the mediator said two extra days for money to show, I thought that was the law as is the 48hrs for eviction.

    As result the tenant in effect is now allowed until the following Tuesday to pay rent which doesn't show in my account until Wednesday. Of course she is going to take advantage of the extra two days, every week. She has already done this after telling the mediator rent will be paid last Friday.

    Is there any way I can rectify this situation
    Just a couple of corrections there my dear.

    There is no law about 48 hours.

    Generally mediator orders state three working days.
    If the money was due on Thursday (ignor when it turns up in your account) then that gives them Friday, Monday, and Tuesday to pay.
    On Wednesday morning at say 9am you should be waiting outside the court doors and the moment they open rush in and ask for an eviction and OE. The courts must deal with evictions urgently so generally they will serve the notice of eviction that day. Mostly I find if I ask for eviction on Wednesday morning the day of eviction will be Friday.

    As for getting things done quicker. Do not even think about it.
    You could have gone to the real tribunal. That would probably take at least another two weeks for an appointment. You then run the risk that the adjudicator might make the conditional order less rigid. Like allowing the tenant to be two weeks further in arrears before you can evict them.
    You can not enforce court orders for 48 hours post that rubber stamp hitting the page.
    What you have is as good as it gets.
    Just be greatful the power now resides with you.
    You do not need to go back to the court process and have someone think about your case. They just do it when you instruct them.

  7. #7
    Join Date
    Nov 2006
    Location
    Cyberspace
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    Question

    Quote Originally Posted by SuperDad View Post
    You should be chasing the PM who put this tenant in the property for you.

    She was sititng outside my office a few minutes ago.
    The PM or the tenant?

  8. #8
    Join Date
    Mar 2008
    Location
    Auckland
    Posts
    122

    Default

    Quote Originally Posted by Keys View Post
    The PM or the tenant?
    What Superdad means is that I paid a PM a letting fee to find this tenant, but I have been managing it since.

    This PM did two inspections for me as well, just as a favour. However when I did my first inspection two weeks ago, the place was in perfect condition and was brand new when tenant moved in.

    I asked tenant if there was anything she needed to bring to my attention and she told me there were no trays in the oven when she moved in. This information should have been found out at the first inspection.

  9. #9
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,756

    Wink

    Quote Originally Posted by SuperDad View Post
    She was sititng outside my office a few minutes ago.
    The PM or the tenant?

  10. #10
    Join Date
    Mar 2008
    Location
    Auckland
    Posts
    122

    Default

    He means the PM was sitting outside his office, he knows her.

    I also have been granted a distress warrant for this tenant, which I am in the process of pursuing. The baliffs will call by and attempt to get around $600 out of her or how ever they do it.


 

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